Intellectual Property Policy - gs.unsw.edu.au

1 Intellectual Property Policy Version Approved by Approval date Effective date Next full review President and Vice-Chancellor 1 August 2018 1 August 2018 1 July 2013. Policy Statement This Policy sets out the principles and practices of The University of New South Wales with respect to IP. Matters considered in this Policy include the Purpose nature of IP, its ownership, exploitation and the associated specific procedures adopted within the University to manage IP. This Policy applies to all Staff (academic, professional, technical and administrative) and Affiliates of the University and Students (undergraduate and postgraduate).

2 This Policy is incorporated by reference in the terms and conditions of the contract of employment of Staff, letters of appointment of Affiliates and in the conditions of enrolment of Students. The Disbursement of Net Revenue from IP Commercialisation Guideline, the Disclosing and Exploiting Intellectual Property (IP) Procedure and the Scope Guidelines for Copyright Ownership form part of this Policy . This Policy comes into effect on the Effective Date. IP created prior to that date will be governed by the IP Policy in place at the time. The Disbursement of Net Revenue from IP Commercialisation Guideline and the Disclosing and Exploiting Intellectual Property (IP) Procedure will apply to all IP formally disclosed to the Division of Enterprise - Knowledge Exchange from the Effective Date and, to the extent that there is no conflict with prior IP.

3 Policies or existing agreements, to all IP previously notified to the Division or NSi. Policy Provisions 1. PREAMBLE. One of the functions of the University under The University of New South Wales Act 1989 (NSW) is the development and commercialisation of Intellectual Property and the transfer of technology via the practical application of research. IP generated by University researchers is used to maximise the flow of benefits to society, particularly to Australia, and to enhance the reputation of the University and encourage and assist Staff and Students in their careers.

4 The University is committed to providing an environment where scholarship and innovation can flourish and those participating can be justly rewarded for their efforts. Recognising that certain IP is developed as a result of the environment provided by the University and that special relationships exist between the University and its Staff and Students, the University wishes, where appropriate, to gain benefit from the activity, with the benefits flowing on to existing and future generations of Staff and Students. 2. OWNERSHIP OF Intellectual Property .

5 Ownership by the University of Intellectual Property developed by Staff Except as otherwise agreed in writing by the President and Vice-Chancellor and Deputy Vice-Chancellor Enterprise, or as stated in this Policy , the University asserts legal and beneficial ownership rights over all IP and to ensure that such ownership rights vest in the University Staff must assign to the University all IP: (a) created by academic, professional, technical or administrative Staff in the course of their employment by The University. Created in the course of their employment means the generation, creation or realisation of any act, work, research or idea by reason of: (i) the use of University Resources.

6 _____. Intellectual Property (IP) Policy Page 1 of 8. Version: Effective 1 August 2018. (ii) participation in any project or program supported by funding obtained or provided by the University;. (iii) a course of research being undertaken at the University, either in collaboration with other Staff members or any third party (b) created by Affiliates where: (i) generation of the IP has required use of University Resources; or (ii) generation of the IP has resulted from the use of Background IP owned by the University; or (iii) the IP is a component of IP generated by a team of which this person is a member and other members are University Staff.

7 Or (iv) the IP has been generated as a result of any funding provided by or obtained by the University. Ownership by the University of Intellectual Property developed by Students The University does not assert ownership of IP created by Students unless the IP: (i) consists of teaching materials; and/or (ii) has been separately assigned to UNSW under a specific agreement with the Student; and/or (iii) has been jointly developed with University Staff and the Student is deemed to be a co-Creator;. and/or (iv) is the subject of an existing agreement between The University and with a 3rd party (usually associated with industry-sponsored research programs).

8 The University, or its nominee NSi, will have the sole right to protect and commercialise any IP over which it asserts legal and beneficial ownership and may assign or license such IP to third parties, with the right to sub-license, unless otherwise agreed in writing. Ownership by the University of Intellectual Property developed by Students who are also Staff Except as otherwise agreed in writing by the President and Vice-Chancellor and Deputy Vice-Chancellor Enterprise, or as stated in this Policy , the University asserts legal and beneficial ownership of IP.

9 Developed by Students who are also Staff where the IP has been developed as a direct result of their employment. Ownership of Pre-Existing Intellectual Property The University does not assert ownership over Pre-Existing IP. Staff and Students must advise Deputy Vice-Chancellor Enterprise of the existence of Pre-Existing IP that a Staff member or Student brings to the University within 30 days of their employment or enrolment (refer to the Pre-existing Intellectual Property Notification Form). If no such advice is received by the Deputy Vice-Chancellor Enterprise then any IP.

10 Developed or disclosed during the period of employment or enrolment will be treated as University owned IP. Ownership of Course Materials and scholarly works not Specifically Commissioned or created with use of University Resources The University does not assert ownership of any IP in scholarly books, journal articles, Course Materials, or other scholarly works or subject matter generated (whether in written or any other form) by Staff or Students, except where the work is: (a) Specifically Commissioned by the University; or (b) produced with the assistance of University Resources.